On July 2, 2019, Act 67 of 2019 (Act 67) was signed into law. Act 67, which took effect August 31, 2019, amended Article XIII-C of the Pennsylvania School Code and made updates to Pennsylvania's school safety laws, specifically regarding the training and credentials required for school resource officers (SROs), school police officers (SPOs), and school security guards.

“School police officer.” Any of the following: (1) A law enforcement officer employed by a school entity or nonpublic school whose responsibilities, including work hours, are established by the school entity or nonpublic school. (2) An independent contractor or an individual provided through a third-party vendor who has been appointed under section 1302-C. “School resource officer.” A law enforcement officer commissioned and employed by a law enforcement agency whose duty station is located in a school entity or nonpublic school and whose stationing is established by an agreement between the law enforcement agency and the school entity or nonpublic school. The term includes an active certified sheriff or deputy sheriff whose stationing in the school entity or nonpublic school is established by a written agreement between the county, the sheriff’s office and the school entity or nonpublic school. “School security guard.” An individual employed by a school entity, nonpublic school or a third-party vendor or an independent contractor who is assigned to a school for routine safety and security duties and has not been granted powers under section 1306-C(a)(3) or (b). “School security personnel.” School police officers, school resource officers and school security guards.

(a) Application to court.— A school entity or nonpublic school may apply to a judge of the court of common pleas of the county within which the school entity or nonpublic school is situated to appoint a person or persons, as the board of directors of the school entity or the administration of the nonpublic school may designate, to act as a school police officer for the school entity or nonpublic school. (b) Appointment.— (1) The judge, upon the application, may appoint a person or persons, as the judge deems proper, to be the school police officer and shall note the fact of the appointment to be entered upon the records of the court. (2) The judge may, at the request of the school entity or nonpublic school, grant the school police officer the powers as provided under section 1306-C(b), the authority to issue citations for summary offenses as provided in section 1306-C(a)(3) or the authority to detain students until the arrival of local law enforcement or any combination thereof. (3) The judge shall, at the request of the school entity or nonpublic school, grant the school police officer the authority to carry a firearm if the school police officer satisfies the requirements under section 1305-C.

(a) Duty to establish. — No later than September 30, 2018, the committee shall establish criteria to be used when conducting school safety and security assessments that include the following: (1) A physical assessment. The physical assessment shall be conducted during calendar months when school is in session and shall consist of an evaluation of the school entity’s structural facilities and surrounding property that includes: (v) An analysis of the school entity’s cooperative agreements with the local law enforcement agencies that are primarily responsible for protecting and securing the school.

(a) General rule.— A school police officer appointed under section 1302-C(b) shall possess and exercise all the following powers and duties: (1) To enforce good order in school buildings, on school buses and on school grounds in the respective school entities or nonpublic schools. For purposes of this paragraph, the term “school bus” shall include a vehicle leased by the school entity or nonpublic school to transport students and a vehicle of mass transit used by students to go to and from school and school activities when the school police officer responds to a report of an incident involving a breach of good order or violation of law. (2) (Deleted by amendment). (3) If authorized by the court, to issue summary citations or to detain individuals who are in school buildings, on school buses and on school grounds in the respective school entities or nonpublic schools until local law enforcement is notified. (b) Specific powers.— If authorized by the court, a school police officer who is a law enforcement officer employed by a school entity or nonpublic school whose responsibilities, including work hours, are established by the school entity or nonpublic school, may exercise the same powers as exercised under authority of law or ordinance by the police of the municipality in which the school property is located.

(a) General rule.— A school entity or nonpublic school and municipality may enter into a cooperative police service agreement under 42 Pa.C.S. § 8953(e) (relating to Statewide municipal police jurisdiction) and 53 Pa.C.S. § 2303 (relating to intergovernmental cooperation authorized) to authorize the exercise of concurrent jurisdiction with local law enforcement within the municipality where the school entity or nonpublic school is located or within the municipality in which a school event or activity will take place. (b) Municipalities without municipal police departments. (1) If a school entity or nonpublic school is located within a municipality where no municipal police department exists, the school entity or nonpublic school may enter into a cooperative police service agreement under 42 Pa.C.S. § 8953(e) and 53 Pa.C.S. § 2303 with a municipality providing full-time or part-time police coverage that is located adjacent to the school entity or nonpublic school. (2) At least 30 days prior to executing a cooperative police service agreement under this subsection, the school entity or nonpublic school shall provide written notice of its intent to enter into the agreement to the municipality where the school entity or nonpublic school is located. (3) A copy of the executed agreement shall be provided to the commanding officer of the Pennsylvania State Police installation that provides primary police services to the municipality where the school entity or nonpublic school is located. (4) A cooperative police service agreement entered into under this subsection shall only pertain to actions taken on school property under the agreement and shall not affect the jurisdiction of the Pennsylvania State Police.

(b) Intergovernmental agreements for school resource officers. (1) The board of school directors of a school district may enter into agreements with other political subdivisions to provide for school resource officers, subject to the statutory authority of school resource officers. (2) The board of school directors may use school funds to share costs with municipalities and counties for such expenses as benefits and salaries of school resource officers. (3) School resource officers are not required to be employees of the school district and may be employees of other political subdivisions.

(a) Scope of services.— A school security guard may provide the following services as determined by the school entity or nonpublic school: (1) School safety support services. (2) Enhanced campus supervision. (3) Assistance with disruptive students. (4) Monitoring visitors on campus. (5) Coordination with law enforcement officials, including school police officers and school resource officers. (6) Security functions which improve and maintain school safety. (b) Training.— The following shall apply: (1) Prior to entering upon the duties of the office, a school security guard shall successfully complete the Basic School Resource Officer Course offered by the National Association of School Resource Officers or an equivalent course of instruction approved by the commission. (2) An unarmed school security guard who is employed or contracted by a school entity or nonpublic school before September 2, 2019, shall have until the beginning of the 2020-2021 school year to complete the instruction. (3) An armed school security guard who is employed or contracted by a school entity or nonpublic school before September 2, 2019, shall have until February 28, 2020, to complete the instruction under paragraph (1) unless an extension is approved through the following process: (i) The governing body of a school entity or nonpublic school may approve an extension of the deadline specified in this paragraph for armed school security guards to complete the required instruction due to a hardship in complying with the deadline. The deadline may be extended to no later than the beginning of the 2020-2021 school year. The following shall apply: (A) The governing body must determine that complying with the instruction deadline would present a hardship for the school entity or nonpublic school. (B) The governing body of a school entity which is subject to 65 Pa.C.S. Ch. 7 (relating to open meetings) may discuss the issue of a hardship extension in executive session, except that approval of the hardship extension must occur at a public meeting. (C) The school entity or nonpublic school shall submit the approved hardship extension to the Office of Safe Schools within the department not later than 15 days from the date of approval. Any documentation submitted under this clause may not be subject to the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. (ii) For the purposes of this section, a hardship shall include any of the following: (A) Increased risk to students, staff or visitors due to the absence of school security guards while school is in session because of compliance with the instruction deadline. (B) Deployment or active military service, illness, family emergency, death in the immediate family or other approved leave of absence which would prevent school security guards from complying with the instruction deadline. (c) Armed school security guards.— A school entity or nonpublic school may employ or contract with an independent contractor or a third-party vendor under section 1311-C for an armed school security guard if all of the following conditions are met: (1) Except as set forth in subsection (d) or (e), the school security guard is licensed under 18 Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms Act). (2) Except as set forth in subsection (d) or (e), the school security guard has successfully completed and is currently certified under the act of October 10, 1974 (P.L.705, No.235), known as the Lethal Weapons Training Act. (3) The school security guard has completed the instructional requirements under subsection (b). (4) The school security guard has satisfied the requirements under sections 111 and 111.1 and 23 Pa.C.S. § 6344 (relating to employees having contact with children; adoptive and foster parents). (d) Active law enforcement officers.— Active law enforcement officers shall be exempt from the training requirements for school security guards under subsection (c)(1) and (2) upon presentation to the school entity or nonpublic school of evidence of their completion of the training requirements under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training). (e) Retired law enforcement officers.— A retired law enforcement officer shall be exempt from the training requirements for school security guards under subsection (c)(1) and (2) if the retired officer: (1) complies with section 8.1 of the Lethal Weapons Training Act; or (2) has been issued a firearm training and qualification card under section 5 of the act of December 13, 2005 (P.L.432, No.79), known as the Retired Law Enforcement Identification Act.

(b) The office shall have the power and duty to implement the following: (6) To verify that each school entity has a biennially updated and reexecuted memorandum of understanding with local law enforcement and has filed such memorandum with the office on a biennial basis. [...] (8) To establish criteria, in consultation with the Pennsylvania State Police, for certifying approved vendors to provide school police officers to nonpublic schools for the purposes of awarding grants under subsection (c.1)(3).

(a) Within one year of the effective date of this section, the State Board of Education shall promulgate final-omitted regulations pursuant to the act of June 25, 1982 (P.L. 633, No. 181), known as the “Regulatory Review Act,” necessary to implement this article. The regulations shall include the following:

• (1) A model memorandum of understanding between school entities and local police departments. The model memorandum of understanding shall be reviewed on a biennial basis and revised where necessary. The State Board of Education may revise the model memorandum of understanding by publishing a notice in the Pennsylvania Bulletin that contains the complete revised model memorandum of understanding. The revised model memorandum of understanding shall be incorporated into the Pennsylvania Code in place of the existing model memorandum of understanding.
• (2) Protocol for the notification of the police department when an offense listed under section 1303-A(b)(4.1) occurs on school property, which shall include a requirement that the local police department be notified immediately when such an offense occurs.
• (3) Protocol for the notification of the police department at the discretion of the chief school administrator regarding an offense listed under section 1303-A(b)(4.2) or any other offense that occurs on school property.
• (4) Protocol for emergency and nonemergency response by the police department, which shall include a requirement that the school district shall supply the police department with a copy of the comprehensive disaster response and emergency preparedness plan as required by 35 Pa.C.S. § 7701(g) (relating to duties concerning disaster prevention).
• (5) Procedures and protocols for the response and handling of students with a disability, including procedures related to student behavior as required by 22 Pa. Code § 14.104 (relating to special education plans) and 14.133 (relating to positive behavior support).

(b) (1) In promulgating the regulations required under subsection (a), the State Board of Education shall convene and consult with a Statewide advisory committee which shall include a police chief, juvenile public defender, school superintendent, school principal, district attorney, solicitor of a school district, special education supervisor, special education advocate and in-school probation officer and one designee from the Department of Education, the Pennsylvania Commission on Crime and Delinquency, the Municipal Police Officers’ Education and Training Commission, the Juvenile Court Judges’ Commission and the Pennsylvania State Police.

• (2) Members of the committee shall be selected to be representative of the rural, suburban and urban school entities of this Commonwealth.
• (3) The advisory committee shall be convened no later than sixty (60) days after the effective date of this section and shall meet regularly to fulfill the requirements of this section.

(c) Each chief school administrator shall form an advisory committee composed of relevant school staff, including, but not limited to, principals, security personnel, school resource officers, guidance counselors and special education administrators, to assist in the development of a memorandum of understanding pursuant to this section. In consultation with the advisory committee, each chief school administrator shall enter into a memorandum of understanding with police departments having jurisdiction over school property of the school entity. Each chief school administrator shall submit a copy of the memorandum of understanding to the office by June 30, 2011, and biennially update and re-execute a memorandum of understanding with local law enforcement and file such memorandum with the office on a biennial basis. The memorandum of understanding shall be signed by the chief school administrator, the chief of police of the police department with jurisdiction over the relevant school property and principals of each school building of the school entity. The memorandum of understanding shall comply with the regulations promulgated by the State Board of Education under section 1302.1-A and shall also include:

• (1) The procedure for police department review of the annual report required under subsection (b) prior to the chief school administrator filing the report required under subsection (b) with the office.
• (2) A procedure for the resolution of school violence data discrepancies in the report prior to filing the report required under subsection (b) with the office.
• (3) Additional matters pertaining to crime prevention agreed to between the chief school administrator and the police department.

The purpose of this chapter is to establish and maintain a cooperative relationship between school entities and local police departments in the reporting and resolution of incidents that occur on school property, at a school sponsored activity or on a conveyance as described in the Safe Schools Act, such as a school bus, providing transportation to or from a school or school sponsored activity.

(a) Each chief school administrator shall execute and update, on a biennial basis, a memorandum of understanding with each local police department having jurisdiction over school property of the school entity. (b) A memorandum of understanding between a school entity and a local police department, including its development and implementation, must meet the requirements of section 1303-A(c) of the Safe Schools Act (24 P. S. § 13-1303-A(c)). (c) In developing a memorandum of understanding to execute with a local police department, a school entity shall consult and consider the model memorandum of understanding promulgated by the Board in Appendix A (relating to model memorandum of understanding). (d) On a biennial basis, a school entity shall file with the Department's Office for Safe Schools a memorandum of understanding with each local police department having jurisdiction over property of the school entity. As part of its filing with the Department, a school entity shall identify substantive differences between the memorandum of understanding adopted by the school entity and the model memorandum of understanding and provide a statement of reasons for the differences. (e) The Board, on a biennial basis, will review and, as necessary, revise its model memorandum of understanding in Appendix A. As part of its biennial review, the Board will consider the memoranda of understanding filed by school entities with the Department's Office for Safe Schools and statements explaining school entities' reasons for adopting memoranda of understanding having substantive differences with the model memorandum of understanding.

Memorandum of understanding -- A confirmation of mutually agreed upon terms between two or more parties in the form of a document mutually agreed to by a school entity and a local police department as required under section 1303-A(c) of the Safe Schools Act.